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The L and L Law Group team·Frisco, Texas

Texas aggravated perjury — Penal Code § 37.03

Texas aggravated perjury is a criminal offense under Penal Code § 37.03. Base conduct is classified as a third-degree felony; enhancements and aggravators can move the punishment range higher. Below: the controlling statute text, the full punishment range, common defense theories, and what to do if you have been charged in Collin, Dallas, Denton, or Tarrant County.

Published 2026-05-15 · Reviewed by Reggie London and Njeri London, Co-Founding Partners · Last reviewed: 2026-05-15
Controlling statute: Texas § 37.03
Classification: Third-degree felony
Punishment range: Third-degree felony (2–10 years + $10,000 fine) under § 12.34

The controlling statute

Texas Penal Code § 37.03 — Aggravated Perjury — applies when a false statement made under oath is material to an official proceeding. Materiality is the only element distinguishing aggravated perjury from the misdemeanor offense under § 37.02. Because the question of materiality is decided by the court rather than the jury, prosecutors often charge aggravated perjury knowing the judge will resolve materiality as a matter of law. The felony classification creates substantial collateral consequences — professional license revocation, immigration impact, and lifetime credibility damage in future testimony.

Classification & punishment range

ElementDetail
StatuteTexas § 37.03
ClusterObstruction of Justice
ClassificationThird-degree felony
RangeThird-degree felony (2–10 years + $10,000 fine) under § 12.34
Last reviewed2026-05-15

Elements the State must prove

To convict on a Texas § 37.03 charge, the State must prove every element beyond a reasonable doubt:

  1. Defendant made a false statement under oath
  2. With knowledge that the statement was false
  3. With intent to deceive
  4. The statement was material to an official proceeding

Defense strategies

L and L Law Group, PLLC develops the following defense strategies on every Aggravated Perjury case:

Enhancements & collateral consequences

Already a third-degree felony, aggravated perjury can elevate under repeat-offender provisions of § 12.42 — habitual felony status can push punishment into second-degree felony range. When the perjured testimony is given to support or impede a criminal prosecution, parallel obstruction charges under § 38.05 (Hindering Apprehension) or § 37.09 (Tampering with Evidence) may apply.

Key Legal Terms

Materiality (§ 37.04)
A false statement is material if it could have affected the course or outcome of the proceeding; decided by the court, not the jury.
Official Proceeding (§ 1.07(a)(33))
Any type of administrative, executive, legislative, or judicial proceeding that may be conducted before a public servant authorized to take statements under oath.
Two-Witness Rule
Texas common-law rule requiring perjury convictions be supported by two witnesses or one witness plus corroborating evidence.

Frequently Asked Questions

How is materiality decided?
Under § 37.04, materiality is a question of law for the trial judge — not the jury. The court determines whether the false statement could have affected the course or outcome of the proceeding. This procedural quirk often surprises defendants expecting a jury to resolve all elements.
Can I be charged with aggravated perjury for civil deposition lies?
Yes. Aggravated perjury reaches any 'official proceeding,' which under § 1.07(a)(33) includes civil litigation, administrative hearings, and grand jury proceedings. Civil deposition lies regularly support aggravated perjury prosecutions.
Does retraction protect against aggravated perjury?
Yes, if timely. § 37.05 provides a complete defense if the defendant retracts the false statement before the proceeding ends and before manifest exposure becomes apparent. Retracting after impeachment evidence emerges typically defeats the defense.
What if I was confused about the question?
Genuine confusion negating intent to deceive is a defense. The Bronston doctrine — from a federal Supreme Court case Texas follows — protects answers that are literally true even if misleading, placing on the questioner the burden to ask precise follow-ups.
Will an aggravated perjury conviction affect my license?
Yes. Aggravated perjury is a felony involving moral turpitude. Texas licensing boards for law, medicine, real estate, teaching, and most regulated professions can revoke or deny licensure based on a felony moral-turpitude conviction.

References & Authoritative Sources

  1. Texas § 37.03
  2. Texas CCP Chapter 42A — Community Supervision
  3. Texas Courts
  4. Texas Department of Public Safety
  5. Texas State Law Library

About the Authors

Reggie London

Co-Founding Partner · Texas Bar No. 24043514

Reggie London co-founded L and L Law Group with a focus on federal criminal defense, complex felony defense, and TEA/SBEC matters. Licensed in Texas, admitted to TXND and TXED.

Njeri London

Co-Founding Partner · Texas Bar No. 24043266

Njeri London co-founded L and L Law Group with a focus on DWI defense, family violence cases, and juvenile defense. Licensed in Texas, admitted to TXND and TXED.

Charged with Aggravated Perjury? Talk to L and L Law Group.

Co-founding partners Reggie London and Njeri London personally handle every case. Free consultation. Frisco, Texas.

Call (972) 370-5060

Service Areas

L&L Law Group represents clients across North Texas counties for DWI, assault, drug crimes, juvenile defense, outstanding warrants, bond reduction, and expunction matters.

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